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I <br />35. More breached its duty to deal fairly and in good faith with Halsnes by, among other <br />things, doing the following: <br />a. Inducing Halsnes to perform services and expend funds for the purposes of <br />implementing the subject gravel pit operations. <br />b. Agreeing to give Halsnes the Lease/Purchase Option but refusing to execute <br />foimal written documents evidencing the Lease/Purchase Option. <br />c. Terminating the LeaselPurchase Option without prior notice and the <br />opportunity to address or resolve any problems and without submitting the <br />issue of a technical default to arbitration as required in the letter agreement. <br />d. Directly contracting with a third party operator secured by Halsnes to the <br />exclusion of Halsnes. <br />36. Halsnes has incurred damages as a result of More's breach of its covenant of good faith <br />and fair dealing. <br />WHEREFORE, Halsnes prays forjudgment against More in an amount to be determined <br />at trial, actual and consequential damages, costs and interest as provided by law, and for such <br />other and further relief that the Court deems just and proper. <br />FOURTH CLAIYI FOR RELIEF <br />(Fraudulent Misrepresentation and Concealment) <br />37. Halsnes incorporates each allegation set forth above as if set forth verbatim herein. <br />38. More, through its agents, representatives and/or members made material <br />misrepresentations of fact to Halsnes and concealed material facts from Halsnes, including, but <br />not limited to the following: <br />a. Assuring Halsnes that the Lease/Purchase Option would be signed. <br />b. Concealing More's intent not to perform under the Lease/Purchase Option. <br />c. Concealing its intent to contract directly with a third party operator. <br />d. Concealing its intent to exclude Halsnes. <br />39. All of the facts misrepresented or concealed were material facts. <br />40. More made those misrepresentations knowing them to be false and concealed those facts <br />with the intent of creating a false impression of the actual facts in the mind of Halsnes. <br />5 <br />